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HomeMy WebLinkAbout010-1070-10-000 Sl" "CROIX COUNTY r:. WISCONSIN ZONING OFFICE N N N N N N N N N~~~r ST. CROIX COUNTY GOVERNMENT CENTER - 1101 Carmichael Road - - _T_ Hudson, WI 54016-7710 (715) 386-4680 FAX (715) 386-4686 August 28, 2001 Evan Vieregge Vieregge Construction, Inc. 1210 Namekagon Loop Hudson, WI 54016 RE: Special Exception for a Filling and Grading Permit on Carr Creek Lake Dear Mr. Vieregge: At its meeting of August 23, 2001, the Board of Adjustment (Board) tabled your Special Exception request for a filling and grading permit in the Shoreland Area of Carr Creek to construct a driveway to access lot 3 in the Town of Emerald. The Board requires more information and/or clarification regarding the following items: 1. The Board requests the that the concerns raised by the following agencies/municipalities are satisfied prior to making a decision: • Land and Water Conservation Department (LWCD) (see attachment-exhibit 7) • Department of Natural Resources (DNR) (see attachment-exhibit 8) 2. The Board requests to review the findings of the Town of Emerald, before making a decision. The Board of Adjustment shall consider the submittal of the above information, however the submittal of this information shall not constitute approval of the request. This information will be used by the board to make an informed decision to approve or deny this request. This information should be delivered to the Zoning Office for review. Once the requested information is received and deemed complete, you will be placed on a future agenda. The Zoning Office will notify you as to when you will again be appearing before the Board of Adjustment. Please feel free to call our office with any questions or comments you may have on this request. Sic rely, od Eslinger Zoning Specialist CC: Town of Emerald, Clerk Ed Flanum, Northland Surveying Inc. Pete Kling, Land and Water Conservation Department Eunice Post, Department of Natural Resources BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES August 23, 2001 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Tom Rose, Rich Peterson, Nick Golz and Dick King were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, Deb Zimmermann, Administrative Assistant, and Greg Timmerman, Corporation Counsel. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Rose, second by King to adopt the agenda. Motion carried. The Board set the next meeting date as September 27, 2001. The starting time will be 8:30 a.m. The meeting will be held at the Government Center. Motion by King, second by Golz to approve minutes from the July 26, 2001 meeting. All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be attending the meeting today. OLD BUSINESS Eslinger told the Board that a request-has been submitted by Brian Parnell to reconsider the denial decision by the Board for a variance to a Class D Road. Fisher informed the Board that there has been a new ruling by the State Supreme Court on variances, and the Board may want to look at this request again, taking into consideration the new ruling. Greg Timmerman, Corporation Counsel, will speak with the Board on this subject later today. Motion by Rose, second by Peterson to reconsider the decision in the Parnell variance denial. All in favor. Motion carried. This item will be placed under New Business on the September 27th agenda. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 23, 2001, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and voteon the appeals. 1. ARTICLE: Special Exception request for a permit for filling and grading in a Shoreland District subject to the provisions of Section 17.29(2). The applicant is proposing to construct a single-family residence on Bass Lake. APELLANT: Pat Collova LOCATION: Located in the NE '14 of the SE 1/4 of Section 22 and *Government Lot 7 in Section 23, all in T30N-R1 9W, Town of St. Joseph ADDRESS: Located off of West Shore Drive on Bass Lake. 2. ARTICLE: Variance request from a Class "D" roadway pursuant to Section 17.64(1)(d)2. Request is for a 33-foot variance from the 100-foot right-of-way setback to construct a freestall bam to house dairy cattle. APPELLANT: David W. Hoffman LOCATION: Located in the SW 1/4 of the SE'/4of Section 14, T30N-R15W, Town of Glenwood ADDRESS: 1505 County Road X, Glenwood City, Wisconsin 3. ARTICLE: Special Exception request for a permit for filling and grading on the bank of Carr Creek in the Shoreland District pursuant to Section 17.29(2). The request is to construct a driveway to access Lot 3. APELLANT: Vieregge Construction Co. Inc. LOCATION: Located in the NE'/4 of the NE'/4 , Section 29, T30N-R16W, Town of Emerald ADDRESS: Off of 140th Avenue in the Town of Emerald 4. ARTICLE: Variance request from the sideyard setback requirements pursuant to Section 17.15(4), subject to the provisions of 17.13(4). Request is for a 6.59-foot variance to allow a house and attached garage to remain at its location. APPELLANT: Robert Gandee, owner/ Kernon Bast, agent LOCATION: Located in Lot 31 of the Plat of Country Wood, Section 3, T19N- R28W, Town of Troy. ADDRESS: Lot 31, Country Wood Subdivision, Hudson, Wisconsin 5. ARTICLE: Special Exception request for a Telecommunications Tower in the Ag/Residential District pursuant to Section 17.85(2). Request is by Sprint PCS to construct a 250-foot Wireless Communication Facility. APPELLANT: Carl and Sue Warren, Owner/Carlson & Harrington, Agent on behalf of Sprint PCS LOCATION: Located in the NE % of the NW '/4, Section 26, T28N-R19W, Town of Troy ADDRESS: 188 Radio Road, River Falls, Wisconsin 6. ARTICLE: Special Exception request for a Telecommunications Tower in the Ag/Residential District pursuant to Section 17.85(2). Request is by Sprint PCS to construct a 250-foot Wireless Communication Facility. APPELLANT: Jennie-O Turkey Store, Owner/Carlson & Harrington, Agent on behalf of Sprint PCS LOCATION: Located in the NE '/4 of the SE '/4, Section 9, T30N-R18W, Town of Richmond ADDRESS: RR 4, County Road A, New Richmond, Wisconsin All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Article One: Pat Collova Eslinger explained this request is for a special exception permit for filling and grading in a Shoreland District to construct a single-family residence on Bass Lake. The applicant has hired the AC/a Engineering firm to work on this project. The Bass Lake Rehab District, 2  I Land and Water Conservation and the DNR have expressed some concerns with the project. The Town has tabled a decision until their town engineerhas a chance to review the plans. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and narrative Exhibit 3: Topol map with erosion control plan Exhibit 4: Correspondence from the Bass Lake Rehab District Exhibit 5: Copy of Zoning map Exhibit 6: Letter from DNR Exhibit 7: Correspondence from the Land and Water Conservation Dept. Exhibit 8: Correspondence from the Bass Lake Rehab District Eslinger said that the applications for the driveway and home have been applied for. Some filling and grading has been done at or below the Ordinary High Water Mark and was brought to the attention of the Zoning Office by he Land and Water Conservation Dept. and the Bass Lake Rehab District. The applicant is now in the process of trying to remedy the problem. Eslinger said that the main concern right now is to stabilize the soil immediately and comments have been given to Collova on how to do that. It has been suggested to use native seed for the stabilization. No citation was issued, as Mr. Collova has been diligently working with the county to get this problem taken care of. Discussion held. Motion by Rose, second by Golz to table more information and/or clarification regarding the following items is received: 1. The Board requests the that the concerns raised by the. following agencies/ municipalities are satisfied prior to making a decision: • Bass Lake Rehabilitation District (BLRD) (see attachments-exhibit 4 and 8) • Land and Water Conservation Department (LWCD) (see attachmenfexhibit 7) • Department of Natural Resources (DNR) (see attachmentexhibit 6) 2. The Board requests to review the findings of the Town of St. Joseph before making a decision. 3. The Board requests detailed information regarding the grading activities that occurred along the shoreline of Bass Lake. • Provide pre and post contours elevation of the disturbed area • Provide a revised site plan clearly showing the grading limits in this area • Describe the methods of stabilization • Indicate the type of seed used to re-vegetate • Indicate the Ordinary High Water Mark (888.31') • Provide the amount of grading in square feet The following vote was taken to table: King, yes; Peterson, yes; Goiz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. Article Two: David Hoffman Eslinger told the Board that this request is for a variance to locate a free stall dairy barn within the 100-foot right-of-way setback of a Class D roadway, which is 192"d Avenue in the Town of Glenwood. Eslinger went over the staff report, stating that the request would be for a 33-foot variance. The Town of Glenwood has given verbal approval of the request. The Land and Water Conservation Department has a few concerns with the plan, and addressed them in a letter dated August 22, 2001. 3 The following Exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of application with narrative and attachments Exhibit 3: Site map of farmstead Exhibit 4: Land and Water Conservation review David Hoffman, being duly sworn, is the applicant. He gave a brief history of his farm operation, and told the Board that this farm has been in his family for over 100 years. He stated that in order to stay in the farming business, he needs to increase the size of his operation. He would like to add more cows to his herd, but his bank has told him that he needs to update the facility in order to obtain a loan for more animals. He would liketo utilize the existing facility, by making improvements, as well as adding an addition. The existing facility was built in 1980. He went over the site plan with the Board, pointing out the existing facility and proposed addition. The total acreage that le owns is 520 acres, and he is aware of the animal units per acre criteria. He will work with the Land and Water Conservation Department on any concerns that they have. The Board will view the site. Article Three: Vieregge Construction Company Eslinger told the Board that this request is for a special exception for filling and grading on the banks of Carr Creek in the Town of Emerald. The applicant would like to construct a driveway and will be exceeding the amount of square footage for grading on slopes less than 12%. The applicant has been working with Northland Surveying on plans for the project. The Land and Water Conservation Department and the DNR have responded, stating some concerns with the application. The applicant is scheduled to be on the next town board meeting in September. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and narrative Exhibit 3: Copy of site plan Exhibit 4: Letter from Zoning to the applicant Exhibit 5: Copy of letters to agencies Exhibit 6: Copy of revised site plan Exhibit 7: E-mail correspondence from the Land and Water Conservation Dept. (read into the record by Eslinger) Exhibit 8: Letter from the DNR (read into the record by Eslinger) Discussion held by the Board. Motion by Speer, second by Rose to table this hearing until more information and/or clarification regarding the following items is received: 1. The Board requests the that the concerns raised by the following agencies/ municipalities are satisfied prior to making a decision: • Land and Water Conservation Department (LWCD) (see attachmentexhibit 7) • Department of Natural Resources (DNR) (see attachmentexhibit 8) 2. The Board requests to review the findings of the Town of Emerald, before making a decision. The following vote was taken to table: Golz, yes; King, yes; Peterson, yes; Rose, yes; Chairperson Speer, yes. Motion carried. 4